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Mandatory data breach notification comes into force this Thursday

THE Office of the Australian Information Commissioner (OAIC) has released new resources for the Australian public ahead of the commencement of the Notifiable Data Breaches (NDB) scheme on February 22, 2018.

 

The NDB scheme mandates that Australian Government agencies and the various organisations with obligations to secure personal information under the Privacy Act 1988 (Cth) (Privacy Act) notify individuals affected by data breaches that are likely to result in serious harm.

One of the new resources published by the OAIC, titled Receiving data breach notifications, provides useful guidance on what to expect when you receive a data breach notification, including how organisations might deliver notifications and when a privacy complaint can be made to the OAIC.

The other new resource, What to do after a data breach notification, provides a wide range of actions you can take to reduce the risk of experiencing harm after a data breach.

Among the information provided are tips on combatting the harm that may result from a breach involving financial information or contact information and steps to take when you believe you may be a victim of identity fraud.

The OAIC has worked with consumer groups, not-for-profits, and Australian Government agencies in the development of these resources.

The Australian Information Commissioner, Timothy Pilgrim, said, “The Notifiable Data Breaches scheme formalises a long-standing community expectation to be told when a data breach that is likely to cause serious harm occurs.

“The practical benefit of the scheme is that it gives individuals the chance to reduce their risk of harm, such as by re-securing compromised online accounts. The scheme also has a broader beneficial impact — it reinforces organisations’ accountability for personal information protection and encourages a higher standard of personal information security across the public and private sectors.

“By reinforcing accountability for personal information protection, the NDB scheme supports greater consumer and community trust in data management. This trust is key to realising the potential of data to benefit the community, for example, by informing better policy-making and the development of products and services.”

The 2017 Australian Community Attitudes to Privacy Survey found that 94 percent of Australians believe they should be told if a business loses their personal information; 95 percent said they should be told if a government agency loses their personal information.

Organisations are required to notify the Australian Information Commissioner in addition to notifying individuals affected by an ‘eligible data breach’ (a data breach that is likely to result in serious harm). Failures to comply with the NDB scheme can attract fines up to $2.1 million.

The OAIC's new resources for the Australian public can be read online: www.oaic.gov.au/individuals/data-breach-guidance.  

The OAIC has published a suite of guidance for organisations to assist them in implementing the requirements of the NDB scheme. This guidance can be found at: www.oaic.gov.au/ndb.

Previous statements from the Office of the Australian Information Commissioner

Mandatory data breach notification: https://www.oaic.gov.au/media-and-speeches/statements/mandatory-data-breach-notification

Enforcement powers of the Office of the Australian Information Commissioner

  • The Privacy Act confers a range of enforcement powers on the Commissioner, including:
    • accept an enforceable undertaking (s 33E)
    • bring proceedings to enforce an enforceable undertaking (s 33F)
    • make a determination (s 52)
    • bring proceedings to enforce a determination (ss 55A and 62)
    • report to the Minister in certain circumstances following a CII, monitoring activity or assessment (ss 30 and 32)
    • seek an injunction including before, during or after an investigation or the exercise of another regulatory power (s 98)
    • apply to the court for a civil penalty order for a breach of a civil penalty provision (s 80W).
  • The ‘civil penalty provisions’ in the Privacy Act include:
    • A serious or repeated interference with privacy (s 13G) – 2000 penalty units (current total is $420,000)
    • The maximum penalty that the court can order for a body corporate is five times the amount listed in the civil penalty provision (current maximum $2.1 million).

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CEDA Report 2018: Data explosion changing Australia's economy

DATA and analytics are transforming the global economy and the public and private sectors in Australia need to have a greater focus on the workforce, security and ethical implications, according to CEDA’s 2018 Economic and Political Overview (EPO) publication being released today.

This year’s economic and political outlook highlights that the Australian economy is looking up, and focuses on the opportunities and challenges presented by the rapid changes in information availability, from how we source news to how we manage and utilise data. 

CEDA Chief Executive, Melinda Cilento said the explosion of data will continue to disrupt industries and transform economies and communities, and Australia needs to be on the front foot in managing that change and the opportunities flowing from it. 

“As highlighted in our report, McKinsey & Company estimates that the benefits of rapid advances in data and analytics could add $220 billion to the Australian economy,” Ms Cilento said.

“This will come from business being able to operate more efficiently with real time monitoring and control to improved forecasting and should provide flow on benefits for consumers from improved convenience, quality and lower prices. 

Many of the biggest companies to emerge in the last 20 years have business models underpinned by data and analytics and a significant amount of economic power is shifting to these companies.”

However, Ms Cilento said the changes occurring could significantly disrupt existing businesses and raised broader issues for government and business to consider, from how data is managed, the use of personal data, and ethical issues around artificial intelligence.

“Data growth and the use of analytics has the potential to deliver significant benefits to the economy, business and individuals, but as a nation we need to be discussing now the implications of these trends, if we are to capture the most significant opportunities,” she said.

Ms Cilento said the EPO report also examines whether four-year Federal Parliamentary terms deliver better policy outcomes. 

“Australia is an outlier compared to many nations with a relatively short three-year term, but the report suggests that when compared to similar nations, such as Canada, longer terms may not result in better policy outcomes or greater satisfaction with democracy,” she said.

Ms Cilento said the report also examines the changes in news sources and the issues arising from the digital news age where it is easier for inaccurate news to spread.

On the economic front, Ms Cilento said the outlook was positive, although global flashpoints exist such as negotiations around Brexit, still high debt levels, and an Italian election that could trigger debate about another EU exit.

On the political front, Ms Cilento said that given the volatility of recent years, it was unlikely there would be any new major policies this year.

The CEDA 2018 EPO contributing authors are: 

  • Economic overview – Michael Blythe, Chief Economist and Managing Director, Economics, Commonwealth Bank of Australia.
  • Political overview – Dr Narelle Miragliotta, Senior Lecturer in Politics, Monash University.
  • Enter the age of analytics disruption – Dr Tim Fountaine, Partner, and Dr Michaela Freeland, Associate Partner, McKinsey & Company.
  • Information accuracy in the digital news age – Dr David Glance, Director of the UWA Centre for Software Practice, University of Western Australia.
  • Four-year Parliamentary terms? – Dr Andrew Banfield, Head of School, School of Politics and International Relations, ANU and Harrison Miller, Doctoral Candidate, School of Politics and International Relations, ANU.

The EPO is being launched in Brisbane and Canberra today. Speakers in Brisbane include: Commonwealth Bank of Australia, Chief Economist and Managing Director, Economics, Michael Blythe; Federal Shadow Minister for Finance, Dr Jim Chalmers; Lateral Economics Founder and CEO, Dr Nicholas Gruen; and McKinsey & Company, Partner, Dr Tim Fountaine

Speakers in Canberra include: Melbourne Institute of Applied Economic and Social Research Professorial Fellow, Dr Gary Banks AO; Council of the Ageing and Vault Systems Chair; and Non-Executive Director ANZ Banking Group and Clayton Utz, Jane Halton AO PSM; ANU Crawford School of Public Policy Honorary Professorial Fellow, Professor John Hewson AM; and Westpac, Director and Senior Economist, Elliot Clarke.

A free live stream of the Brisbane event, starting at 10.10am (AEST), can be accessed at www.ceda.com.au. The launch event will be followed by a series of events being held in Hobart, Adelaide, Melbourne, Townsville, Perth, Darwin and Sydney in February and March.

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ATO Checking that cash adds up in Toowoomba

THE Australian Taxation Office will be in Toowoomba on Tuesday February 20 talking to local small businesses as part of an effort to ensure that they have the support and information to get their tax and super right.

Businesses are invited to attend a one-hour information session at either 10-11am or 6-7pm and a record keeping information session 11.15am-12.15pm being held at Toowoomba City Library, 155 Herries Street, Toowoomba.

This visit is part of a broader program by the ATO to ensure fairness for honest businesses and to level the playing field by tackling the ‘cash and hidden economy’.

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A compromised Christmas for retailers last December

THE Australian Retailers Association (ARA) said December 2017 trade figures released today by the Australian Bureau of Statistics (ABS) represent a conservative Christmas instead of the merry Christmas retailers had in mind, with a 2.49 percent total growth year-on-year.

Russell Zimmerman, Executive Director of the ARA, said although the ARA and Roy Morgan predicted a 2.8% increase in pre-Christmas sales, from November 15 to December 24, 2017, these figures are not too far off the mark.

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Public hearings on national security measures

THE Parliamentary Joint Committee on Intelligence and Security will conduct two public hearings this week for its reviews of national security bills before the Parliament.

The first hearing will consider the Home Affairs and Integrity Agencies Legislation Amendment Bill 2017, which gives effect to the allocation of certain ministerial powers following establishment of the Home Affairs portfolio and includes measures to clarify the Attorney-General’s ongoing responsibilities.

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